Contrary to popular belief, prostitution is against the law in Las Vegas and most of Nevada. Trading sexual favors for money…or merely offering to trade sexual favors for money…is illegal except in licensed brothels in some rural counties. And the penalties include high fines and possibly jail.1
In this article our Las Vegas criminal defense lawyers provide an extensive discussion of the Nevada crime of solicitation of prostitution. Continue reading to learn its definition, defenses, and penalties. This article also discusses sealing criminal records and related offenses such as sex trafficking in Nevada (formerly known as "pandering").
Prostitution is the exchange of sexual favors for a fee. But this trade does not have to include actual penetration or cash to qualify as prostitution. Even groping over clothing counts as a sexual favor. And the fee can consist of anything of value such as jewelry or drugs.2
Meanwhile, “solicitation” of prostitution is defined as the offering or agreeing to engage in prostitution. Examples include accosting a prostitute on a street corner or posting a prostitution ad online such as Craigslist. Solicitation is just as illegal as prostitution itself even if no sex ever actually takes place.
Prostitution and solicitation are prohibited in Nevada except for in licensed brothels. Note that both prostitutes and customers may be prosecuted under NRS 201.354.3
Three common defenses to Nevada prostitution charges are “entrapment,” “mistake,” and “lack of overtness”:
- Entrapment. Undercover police may pose as prostitutes or customers (called “johns”) in order to catch others in the act of solicitation. However, police are not allowed to pressure people into committing solicitation if these people would not otherwise commit solicitation. Defendants who have been “entrapped” into solicitation should have their charges dropped. Learn more about entrapment in Nevada law.4
- Mistake. Sometimes a solicitation charge is the result of an innocent misunderstanding. Perhaps the alleged customer honestly believed the prostitute liked him, and that no money would be involved. Or vice versa. Either way, criminal charges should not stand if there was never an offer or agreement to trade sex for money.
- Lack of overtness. Solicitation of prostitution must be “overt” in order to be criminal.5 Therefore the defendant should not be held liable if any agreement he/she made was too unclear or ambiguous to comprise solicitation.
- 6 months in jail, and/or
- $1,000 in fines
In addition, the judge usually requires that the person attend a one-day class on the dangers of prostitution.7 Meanwhile, a first offense of soliciting a minor under 18 for prostitution is a category E felony in Nevada.8 The maximum penalties include:
- 4 years in Nevada State Prison, and
- maybe $5,000 in fines
However, judges typically impose probation in lieu of jail for a first offense.9
For more detailed information on the Nevada offenses of solicitation and prostitution, click on a topic below:
With rare exception, prostitution as well as the solicitation of prostitution are illegal in Nevada.10
Prostitution…also called “hooking”…is the act of trading a fee for sexual favors.11 Though note that the legal definition of “sexual favors” and “fees” in Nevada is broad. Henderson criminal defense attorney Michael Becker provides an example:
Example: Adam goes up to Barbara at a Las Vegas bar. She allows him to “cop a feel” if he gives her a cigarette. An undercover cop from the Las Vegas Metropolitan Police Department witnesses the act. The cop then arrests them and books them at the Clark County Detention Center on prostitution charges.
It does not matter in the above example that Adam and Barbara had no sexual intercourse. Nor is it relevant that Adam did not pay with cash. Prostitution comprises any type of sexual favor regardless of penetration. And anything of value can constitute payment.
Whereas prostitution is the act of exchanging sexual acts for a fee, “solicitation of prostitution” is offering or agreeing to engage in prostitution. In short, solicitation is attempted prostitution. However, solicitation is just as illegal as prostitution. It makes no difference if sex never takes place and money never changes hands.12
Typical solicitation settings are street corners, bars, lounges, strip clubs, nightclubs, massage parlors, reflexology parlors, gentlemen's clubs, and casinos. In addition, people may solicit prostitution online, over the phone, or through print ads.
Note that a person does not need to intend to exchange money for sex in order to be criminally liable for solicitation. All that matters is that the defendant asked or accepted an offer to trade sex for a fee.13 Also note that a person can be charged with prostitution even if defendants used seemingly-innocent code words to solicit prostitution, such as:
- “party” = sex
- “escorts” or “escort services” = prostitutes
- “ASP” = adult services provider
- “donation” = payment for sex
Prostitution and solicitation are not separate crimes. People may be charged with violating NRS 201.354 whether they committed just solicitation or full-on prostitution.
Prostitution arrests transpire in many different ways in Nevada. In some cases, police personally witness solicitation while patrolling and cruising in their cop cars. In other cases, witnesses tip the police off. And in several cases, hookers or johns get arrested by undercover vice squads carrying out prostitution “stings”...
Prostitution stings usually involve police disguising themselves as prostitutes or customers. They go to typical solicitation locations, like bars. Then they either wait to be solicited by suspected hookers or else they solicit suspected johns. If an undercover cop gets someone to offer or agree to trade sexual favors for a fee, the cop then reveals him/herself and arrests the person.
It may seem like stings are unfair police practices. But they are completely lawful as long as the undercover cops never overstep their bounds when enticing people into committing solicitation.14 Henderson criminal defense attorney Neil Shouse explains how a sting can violate a suspect's rights:
Example: George is conducting a prostitution sting as an undercover cop. He dresses in plain clothes and walks into the bar at Jerry's Nugget on Friday night. He spies a suggestively-dressed woman he suspects of being a hooker and tells her that he will pay her $100 in exchange for sex. She tells him to get lost. Then George shows her his gun and threatens harm unless she agrees to the trade. She relents, and George takes out his badge and books her at North Las Vegas Detention Center for solicitation of prostitution.
George in the above example went too far. The woman's rejection of George's first offer demonstrates that she had no intention to engage in prostitution but for George's threats. As discussed more fully below in question 4, police are not allowed to “entrap” suspects into illegal activity they would not otherwise do. Had the woman consented to George's first offer prior to any threats being levied, then he would be acting within his lawful powers as an undercover policeman.
Note that cops often go incognito to strip clubs in order to catch strippers or johns soliciting prostitution. For more about Las Vegas strip club arrests, read our informational article on Las Vegas strip club arrests.
Defendants in all criminal cases are presumed "not guilty" until the prosecution proves guilt beyond a reasonable doubt. Below are common examples of evidence the D.A. may try to introduce to show that a defendant has committed prostitution:
- Video- or audiotape of the alleged hooker or john soliciting prostitution. In many prostitution stings, undercover officers are bugged.
- The alleged prostitute's client book.
- Large amounts of cash belonging to the alleged prostitute that may be payments from johns.
- Condoms belonging to the defendant, indicating that he/she was planning to have sex.
- Eyewitness accounts by the arresting officer who witnessed the solicitation.
- Witnesses who may have seen or overheard the alleged hooker and john agreeing to trade sexual favors for a fee.
- Witnesses who saw the alleged hooker and john driving or walking to an agreed-upon location, which suggests that they were meeting to carry out the prostitution.
- The suspected prostitute's sexually provocative clothes, which suggests she was turning tricks.
In several prostitution cases, the sole evidence that the prosecution can offer is the police report. If no credible eyewitnesses or recordings back up the police's story, a jury may be suspicious of the cops and reluctant to convict.
Three of the most usual defenses to Nevada prostitution charges include entrapment, mistake, and lack of overtness:
Entrapment in Nevada law is when police illegally deceive someone to act out criminal activity that he/she is not predisposed to doing.15 An example of entrapment is a decoy policeman purchasing drinks for a female patron and then suggesting he give her some cash for oral sex. By making the woman inebriated, the policeman is “entrapping” her into the solicitation of prostitution. So even if the woman consents to the prostitution, charges should not stand because of the illegal police tactics.
Entrapment is an “affirmative defense.” This means that the defendant has the initial burden of demonstrating to the court that the cops instigated the solicitation of prostitution.16 If the defense attorney can show that the cop suggested the solicitation, the burden shifts to prosecutors to demonstrate that the defendant was predisposed to engage in solicitation anyway…
If the prosecution cannot show that the defendant was predisposed to engage in solicitation, the charges should be dropped. Note that the state might try to introduce evidence of the defendant's past actions in order to suggest a predisposition to prostitution.17 But if the defendant has no criminal record of soliciting or similar crimes, there is a decent chance that the case will be dismissed.
Prostitution's underworld is extremely confusing. In order to escape suspicion, sex workers employ coded language and unusual settings. This may result in genuine misunderstandings where innocent people are falsely accused of trading sexual favors for a fee.
An example is a man walking into a massage parlor for what he thinks will be a back rub. If he does not realize that the parlor is just a front for a brothel, he should not be found guilty of prostitution if the masseuse suddenly gives him oral sex.
In short, the Nevada defense of mistake is applicable to situations where the defendant never agreed to commit prostitution even though the other party truly thought there was an agreement. If the court finds that the prostitution charge followed from an innocent mistake, the case should be thrown out.
Lack of Overtness Defense:
Nevada prostitution laws require that solicitation be “overt” in order for it to be a crime.18 The most common example of overt solicitation is a verbal agreement to trade a specific amount of money for certain sexual acts. In these cases, a defense attorney may try to argue that the defendant's words were too unclear and ambiguous to qualify as solicitation.
Alternatively, another defense strategy is to argue that any contract the defendant entered into never involved the exchange of money for sex. Maybe the defendant consented to have sex for free. Or perhaps the defendant offered to lend a prostitute money for reasons that had nothing to do with sex. Either way, a charge for solicitation should not stand if the prosecution cannot show the court that there was an overt agreement.
Judges usually impose harsher sentences on alleged prostitutes than on alleged customers. The reason is hookers are often repeat-offenders with lengthy criminal records, while most johns have no other criminal record.19
Either way, prostitution and solicitation are punished as misdemeanors in Nevada.20 Anyone convicted of prostitution faces penalties of:
- Fines of up to $1,000, and/or
- Up to 6 months in jail21
Note that anyone arrested for prostitution in Nevada has to submit to an HIV test.22 The state will then notify the arrestee of positive HIV test results either through certified mail to his/her address or via hand-delivery if the arrestee is in custody.
Also note that suspects who have been notified of having HIV are required to appear in court within 45 days to declare they know they are HIV positive.23 These court records will then be used as evidence against the suspects if they are ever busted for prostitution in the future…24
- 2 - 10 years in Nevada State Prison, and/or
- $10,000 in fines
In some cases, prosecutors may be amenable to dismissing a first-time offender's prostitution charge in exchange for the following plea bargain:
- Paying a $250 fine or performing 25 hours of community service (some prosecutors mandate community service to preclude the defendant from covering the fine with prostitution earnings); and
- Completing an AIDS Awareness class or a prostitution education class (the prostitution education class is commonly called the First Offender Prostitution Program, or “FOPP,” or “John School.”); and
- Avoiding any other arrest or citations (other than for minor traffic violations) until the case is closed. This requirement is referred to as “stay out of trouble,” or SOOT.
If the prosecutor is against dismissing a prostitution charge outright, the defense attorney may be able to get the charge changed to something that does not sound as bad. Two typical misdemeanors that prostitution charges can be lessened to are “trespass” and “disorderly conduct.”
- The Nevada crime of trespass occurs when a person enters or loiters on another's property without the owner's permission.26 Oftentimes cops arrest prostitutes for trespass merely for going on casino property, where solicitation frequently occurs.
- The Nevada crime of disorderly conduct is a very subjective “catch all” crime for making disruptive outbursts.27 This is what Harvard professor Henry Louis Gates, Jr., was arrested for in Cambridge after supposedly raising his voice to a cop.28
It is preferable to plead to trespass or disorderly conduct than to prostitution. They are vague crimes that lack the stigma inherent in prostitution. They are not as damning to have on one's criminal record and are less likely to turn off potential employers.
Nevada generally does not mandate tougher penalties for repeat offenders. However, people arrested for soliciting in casinos if they already have three (3) soliciting convictions in the last five (5) years face charges for repeated casino solicitation in Nevada. It is also a misdemeanor carrying up to 6 months in jail and/or up to $1,000 in fines.
Furthermore, prosecutors are less agreeable to reducing charges for repeat offenders. Las Vegas Metro's Vice Detectives maintain a most-wanted list they call VETO (Vice Enforcement Top Offenders). It includes the most frequently-arrested prostitutes (sometimes more than 100 arrests).
The Las Vegas City Attorney's Office attempts to achieve full-out solicitation convictions in most VETO cases. But prosecutors sometimes offer VETO defendants this plea bargain:
- A suspended sentence (no jail unless the defendant fails to complete the other sentencing terms),
- 100 hours of community service,
- An AIDS awareness class, and
- Refraining from entering casinos for several months.29
Prostitution with Children:
A first offense of soliciting a minor (child under 18) for prostitution is punished as a category E felony in Nevada.30 The punishment is:
- 1 to 4 years in Nevada State Prison (which may be probationable), and
- maybe up to $5,000 in fines31
A second offense of soliciting a child for prostitution in Nevada is a category D felony in Nevada carrying 1 - 4 years in Nevada State Prison and maybe up to $5,000 in fines.
A third or subsequent offense of soliciting a child for prostitution in Nevada is a category C felony in Nevada carrying 1 - 5 years in Nevada State Prison and maybe up to $10,000 in fines. Probation or suspended prison sentences are not available in this case.
But note that people suspected of soliciting a child for prostitution may face more serious felony charges including the Nevada crime of statutory sexual seduction 32, the Nevada crime of lewdness with a child under 14 33, or the Nevada crime of sex trafficking 34. Lewdness and sex trafficking carry potential life sentences and requirements to register as a sex offender
Anyone with solicitation convictions are advised to try to get their criminal records sealed. A prostitution conviction is embarrassing, stigmatizing, and detrimental to the person's employment prospects.
Anyone convicted of prostitution in Nevada is required to wait at least two (2) years after the case is closed to begin the record seal process. But if the defendant's prostitution charge got dismissed with no conviction, then he/she can petition the court immediately to seal the arrest.36
Note that the waiting period to seal a record extends to 15 years if the person was aware he/she had HIV. And if the prostitution involved a minor, it might be impossible to get the record sealed at all.37 Read more about the Nevada criminal record seal process.
Nevada is the only state that permits some form of legalized prostitution. However, state and local government heavily regulate it.38
Nevada law outlaws prostitution in counties with 400,000 or more residents, which automatically disqualifies Clark County and therefore Las Vegas.39 Meanwhile, the local governments of Douglas, Lincoln, and Washoe Counties and Carson City have also outlawed prostitution.40
The only place prostitution may occur is in licensed brothels located in either of the 12 Nevada counties where prostitution has not been prohibited. Just some of the rules that licensed brothels are required to abide by include:
- Brothel prostitutes are required to submit to regular HIV and STD testing.41
- Brothel prostitutes are required to use condoms.42
- Brothels are not allowed to be located close to a school or a church.43
- Brothels are not allowed to be located on a principal street.44
- Brothels are not allowed to advertise in counties that prohibit prostitution.45
Currently, about two-dozen brothels operate throughout eight Nevada counties. State law now allows male prostitutes to work in licensed brothels as well, but it rarely happens.47
As with Nevada, the California crime of solicitation & prostitution in Penal Code 647(b) is punished as a misdemeanor. But unlike Nevada, California's definition of solicitation and its sentencing structure are more complicated:
California definition of solicitation:
Solicitation in California under Penal Code 647(b) is a specific intent crime. This means the defendant is guilty of solicitation in California only if he/she intended to go forward with the sex.48 Contrarily, Nevada solicitation suspects may be convicted of solicitation even if they never intended to go through with the sex…the only thing that is relevant is they offered or agreed to trade money for sex.49
Also in contrast to Nevada law, California law divides offering to engage in prostitution and agreeing to engage in prostitution into two separate crimes.50 For a defendant to be liable for “agreeing to prostitution” in California, he/she must have executed an “act in furtherance” of prostitution such as paying a fee.51
California penalties for prostitution:
As opposed to Nevada, prostitution in California is a prioriable crime…in other words, the penalties increase with each successive offense:
- A first-time conviction is punished with up to 6 months in jail and/or up to a $1,000 fine.
- A second-time conviction is punished with 45 days in jail.
- A third-time conviction is punished with a minimum of 90 days.52
Also as opposed to Nevada law, California Penal Code 647(b) hands down harsher penalties if the solicitation happened in the defendant's car and within 1,000 feet of a home: The DMV may suspend his/her license for up to a month or give him/her a restricted license for 6 months.53 In Los Angeles, the police are allowed to seize the vehicle.54
Consequently, it is important that non-citizens charged with prostitution in Nevada retain legal counsel who has experience in immigration law. They may be able to orchestrate a defense strategy that would result in the charges getting changed to non-removable offenses, such as the Nevada crime of disorderly conduct.
In some cases, prostitution suspects can face additional criminal charges. For example, an act of prostitution that ceases to be consensual may rise to the level of rape. Below are some Nevada crimes that are commonly associated with NRS 201.354:
Nevada open and gross lewdness laws typically comprise exposing one's body or having sex in public. If an act of prostitution occurs in public, the prostitute and customer could be arrested for open and gross lewdness.
A first-time offense is a gross misdemeanor in Nevada carrying up to 364 days in jail and/or up to $2,000 in fines. Otherwise it is a category D felony in Nevada carrying 1 to 4 years in Nevada State Prison and maybe a fine of $5,000.57
Nevada indecent exposure laws outlaw the “open and indecent or obscene exposure” of a person's body. "Flashing” or make other suggestive gestures while soliciting prostitution can qualify as indecent exposure.
A first-time offense is a gross misdemeanor with a sentence of up to 364 days in jail and/or up to $2,000 in fines. Subsequent offenses are a category D felony carrying 1 to 4 years in Nevada State Prison and maybe a fine of $5,000.58
- Nevada pimping and pandering laws forbid earning money from the prostitution of others. The common name for a panderer is a pimp. Penalties are far harsher than prostitution - the minimum penalty is a year in prison. Note that after 2013, suspected panderers are charged as "sex traffickers" (see right below).59
- Nevada sex trafficking laws prohibit people from causing children to be sex workers or forcing or threatening adults to be sex workers. Penalties can include life in prison.60
- Nevada sexual assault (rape) laws outlaw nonconsensual sex. Customers who rape prostitutes face far tougher penalties than for a prostitution conviction. Sexual assault carries life.61
Nevada trick-rolling laws concern hookers who steal cash or other valuables from johns. A defendant can be convicted of trick-rolling regardless of whether sexual relations took place.
Violations of Nevada trick-rolling laws may be charged as either the Nevada crime of robbery or merely the Nevada crime of larceny from a person depending on whether the prostitute employed threats or force. The punishment for robbery and larceny from a person can include high fines and years of incarceration.62
Several national, state, and local organizations exist that are committed to aiding sex workers: The Sex Workers Project (SWP) provides legal services and training as well as advocates for sex workers' rights. The Sex Workers Outreach Project (SWOP) is a multi-state anti-violence campaign that calls attention to the battery sex workers endure because of their criminal status. Project Bayswan offers information about the rights of sex workers'. The North American Task Force on Prostitution (NTFP) advocates for the rights of sex workers. ECPAT USA's mission is to stop child prostitution. And Desiree Alliance is a Henderson, Nevada-based organization that helps advance health services and political advocacy for sex workers.
Arrested for solicitation of prostitution in Nevada? Call a lawyer for help…
If you have been accused of “solicitation of prostitution” in Nevada, call our Las Vegas criminal defense attorneys at 702-DEFENSE (702-333-3673) for a FREE consultation. We may be able to get the charge reduced or dismissed so your record stays clean.
¿Habla español? Aprender más acerca de las leyes sobre prostitución y la Invitación en Nevada.
We represent clients throughout Nevada, including Las Vegas, Henderson, Washoe County, Reno, Clark County, Carson City, Laughlin, Mesquite, Bunkerville, Moapa, Elko, Pahrump, Searchlight and Tonopah.
For more information see our articles on misdemeanor in Nevada, gross misdemeanor in Nevada, category D felony in Nevada, category C felony in Nevada, category B felony in Nevada, category E felony in Nevada, Nevada trick-rolling laws, Nevada crime of larceny from a person, Nevada crime of robbery, Nevada sexual assault laws, Nevada crime of sex-trafficking, Nevada pandering laws, Nevada open and gross lewdness laws, Nevada indecent exposure laws, inadmissible offense in Nevada, Nevada prostitution lawyers, Nevada solicitation lawyers, Las Vegas prostitution lawyers, Las Vegas solicitation lawyers, crime involving moral turpitude in Nevada, California crime of prostitution, Nevada criminal record sealing process, Nevada crime of trespass, Nevada crime of disorderly conduct, Nevada crime of statutory sexual seduction, Nevada crime of lewdness with a child under 14, Nevada crime of sex trafficking, sex offender in Nevada, Clark County Detention Center, North Las Vegas Detention Center, Mesquite criminal defense attorney, Henderson criminal defense attorney, and entrapment in Nevada.
- It is unlawful for any person to engage in prostitution or solicitation therefor, except in a licensed house of prostitution.
- Except as otherwise provided in subsection 3, any person who violates subsection 1 is guilty of a misdemeanor.
- A person who violates subsection 1 by soliciting a child for prostitution is guilty of a category E felony and shall be punished as provided in NRS 193.130.
CCO 12.08.015. It is unlawful for any person to accost, solicit or invite another in any public place or in or from any building or vehicle by word, gesture, publication or any other means to commit, offer, agree to afford an opportunity to commit an act of prostitution.
- "Adult" means a person 18 years of age or older.
- "Child" means a person less than 18 years of age.
- "Prostitute" means a male or female person who for a fee engages in sexual intercourse, oral-genital contact or any touching of the sexual organs or other intimate parts of a person for the purpose of arousing or gratifying the sexual desire of either person.
- "Prostitution" means engaging in sexual conduct for a fee.
- "Sexual conduct" means any of the acts enumerated in subsection.
4Foster v. State, 116 Nev. 1088, 1092-1093, 13 P.3d 61, 64 (2000) (“The entrapment defense is made available to defendants not to excuse their criminal wrongdoing but as a prophylactic device designed to prevent police misconduct.”).
5Dinitz v. Christensen, 94 Nev. 230, 234, 577 P.2d 873, 875 (1978) (“The legislative purpose in proscribing solicitation for prostitution is to eliminate this type crime. The crime requires overt solicitation for purposes of prostitution.”).
13Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) (“[W]e conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.”).
14Foster v. State, 116 Nev. 1088, 1092-1093, 13 P.3d 61, 64 (2000) ("'The function of law enforcement is the prevention of crime and the apprehension of criminals. Manifestly, that function does not include the manufacturing of crime.'").
15Foster v. State, 116 Nev. 1088, 1095-1096, 13 P.3d 61, 66 (2000) (“Therefore, we hold that when a defendant raises the entrapment defense at trial, evidence of a prior crime may be admitted to show that the defendant was predisposed to commit the instant offense where: (1) the other crime is of a similar character to the offense on which the defendant is being tried; (2) the other crime is not too remote in time from the offense charged; and (3) the probative value of the other crime is not substantially outweighed by the danger of unfair prejudice.”).
16Foster v. State, 116 Nev. 1088, 1091, 13 P.3d 61, 63 (2000) (“As we have often recognized, entrapment is an affirmative defense . . . The defendant bears the burden of producing evidence of governmental instigation … Once the defendant puts forth evidence of governmental instigation, the State bears the burden of proving that the defendant was predisposed to commit the crime.”).
19Salaiscooper v. Eighth Judicial Dist. Court ex rel. County of Clark, 117 Nev. 892, 904-905, 34 P.3d 509, 517 - 518 (2001) (“Because the State presented evidence that the purpose of the policy's buyer/seller distinction was to deter acts of prostitution, the justice court's findings that the policy did not run afoul of the Equal Protection Clause is supported by substantial evidence. People v. Superior Court of Alameda County, 19 Cal.3d 338, 138 Cal.Rptr. 66, 562 P.2d 1315, 1320 (1977). Other jurisdictions have reached an analogous conclusion, holding that it is constitutionally permissible to treat prostitutes differently than the customers who patronize them.”).
24Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 953 (1994) (“Our review of the record on appeal reveals sufficient evidence to establish guilt beyond a reasonable doubt as determined by a rational trier of fact … In particular, Officer Blair testified that appellant offered to perform sexual acts in exchange for money. Several witnesses testified that appellant had knowledge of her HIV positive status. The jury could reasonably infer from the evidence presented that appellant committed the crime of solicitation for prostitution after notice of testing positive for HIV.”).
28 Tracy Jan, Harvard Professor Gates Arrested at Cambridge Home, Boston Globe (2009).
29 Alan Maimon, Vice Enforcement's Top Offenders: Police are taking unprecedented steps to keep prostitution offenders off the Strip, Las Vegas Review Journal (February 15, 2009).
38Princess Sea Industries, Inc. v. State, Clark County, 97 Nev. 534, 537, 635 P.2d 281, 283 (1981) (“Prostitution is an activity which the State of Nevada may choose either to regulate or to prohibit entirely.”). Kuban v. McGimsey, 96 Nev. 105, 111, 605 P.2d 623, 627 (1980) (“The nature of the businesses [houses of prostitution], coupled with the burden of policing and regulation upon the county, are alone sufficient reasons for limiting the number of such businesses or, as here, the complete proscription of the businesses.”). State v. Eighth Judicial Dist. Court of State of Nev. In and For Clark County, 99 Nev. 614, 616, 668 P.2d 282, 283 (1983) (“It is generally accepted that while the Due Process Clause does protect many aspects of intimate sexual relations privately engaged in between consenting adults, a state may nevertheless constitutionally regulate and prohibit commercialized sexual activities, such as prostitution and solicitation.”).
40 Guy Louis Rocha, Presentation by Nevada State Archivist of the History of Prostitution in Nevada (August 4, 1999).
47 Marshall Allen, New Era: Health authorities open brothels to male prostitutes, Las Vegas Sun (December 11, 2009).
48People v. Love, 111 Cal.App.3d Supp. 1, 15 (1980). (“By contrast, the trial court's instruction that the specific intent required was 'to communicate to another an offer of sex for money or other consideration' would make the crime of solicitation a general intent crime. Under the Hood, definition of the act would be accomplished and completed as soon as the words of solicitation were spoken. The 'communication' of the offer is only one element of the crime and the trial court's definition thus leaves out an essential element of the offense. A defendant is not guilty of the offense unless he or she seriously intends to carry through by performing an act of prostitution. A mere speaking of the words of solicitation is not enough for conviction of this offense.”).
49Glegola v. State, 110 Nev. 344, 348, 871 P.2d 950, 952 (1994) (“After reviewing other state statutes, reviewing ordinances from counties within the state, and inferring the legislature's intent, we conclude that solicitation for prostitution is a general intent crime. A person commits the crime of solicitation for prostitution if the person offers, agrees, or arranges to provide sexual conduct for a fee.”).
50Kim v. Superior Court, 136 Cal.App.4th 937, 941 (2006). (“The provision expanding section 647(b) to permit conviction for an agreement to engage in an act of prostitution was added by the Statutes of 1986, chapter 1276, section 1, pages 4457-4459 (Sen. Bill No. 2169). Senator David Roberti sponsored the bill on behalf of the City of Los Angeles. (Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, p. 1.) At the time of the bill's introduction, unlike 24 other states with prohibitions against agreements to engage in lewd acts for money, California law barred only prostitution and its solicitation. (Ibid.) According to the proponent, “most prostitutes kn[e]w that if they wait[ed] until a customer mention[ed] money or sex, and then simply approve[d] the conditions, they [could not] be found guilty of soliciting prostitution. Consequently, street-wise prostitutes rarely 'solicit [ed]” prostitution, and undercover officers posing as customers often [were] unable to make arrests for prostitution.” ( Ibid.) The legislation was, therefore, “intended to give police another enforcement tool” on “prostitution laws that [were] difficult to enforce.” ( Ibid.)”).
51Kim v. Superior Court, 136 Cal.App.4th 937, 942 (2006). (“Senate Bill 1276 initially prohibited only the agreement to engage in an act of prostitution. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986.) To minimize false arrests, entrapment and use of the entrapment defense, however, the bill was amended prior to passage to include the language requiring an act in furtherance of the commission of an act of prostitution by the person agreeing to engage in that act. (Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986; Sen Com. on Judiciary, Analysis on Sen. Bill. 2169 (1985-1986 Reg. Sess.) as introduced Feb. 20, 1986, pp. 4-5; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as introduced June 30, 1986, pp. 2-3; Assem. Com. on Pub. Safety, Analysis on Sen. Bill No. 2169 (1985-1986 Reg. Sess.) as amended Aug. 11, 1986, pp. 3-4.)”).